McDonough and Stonecipher Hill Co-Author Chapter in Top 20 Food & Drug Cases Book

Shook, Hardy & Bacon Pharmaceutical and Medical Device Chair Madeleine McDonough and Associate Jennifer Stonecipher Hill have co-authored a chapter in the Food and Drug Law Institute’s (FDLI) book, Top 20 Food and Drug Cases, 2013 & Cases to Watch, 2014. Along with Rikin Mehta, the senior deputy director for the Health Regulation and Licensing Administration of the D.C. Department of Health, they discuss the September 2013 ruling by a California federal court involving claims that Kiss My Face deceives consumers by labeling its personal care products as organic. According to the authors, the court’s decision—finding that the Organic Foods Production Act (OFPA) did not preempt the claims because it does not apply to these products and declining to apply the primary jurisdiction doctrine—“highlights a significant gap in the regulation of cosmetics and personal care labeling.” They contend that the court’s ruling “exposes a need for further administrative clarification of the scope of the OFPA” and “opens the door for future claims involving cosmetics and personal care products.” The book may be purchased at FDLI’s Website.